Message from the Vice-President Students and Enrolment
In early 2016, the Government of Ontario passed Bill 132 which mandated Ontario universities to create
a stand-alone sexual violence policy. Since then, members of my team as well as Equity Services and
Human Resources have met with representatives from student, academic staff and employee groups in
order to listen and understand their concerns and expectations. We then drafted a policy that we
believe meets the expectations of all Carleton communities, as well as the Province’s regulations and
requirements.
Addressing sexual violence on our Campus is an important part of providing all members of the
University community with a safe, healthy and respectful environment. Collaborating with you helped us
accomplish this in a way that is representative of our University and its diverse population.
Our recent consultations provided us with constructive and insightful comments and recommendations.
The following are a sample of these which were included in the Policy:
- Adoption of gender-neutral language
- Inclusion of specific terms, including: intersectionality, rape culture, and survivor-centered
support
- Adoption of guidelines that value survivor wishes and prioritize survivor safety
- Creation of a committee on sexual violence prevention, which will include students, academic
staff, employees and senior administrators
- Inclusion of students, academic staff, employees and contractors in the Policy and extension of
the Policy to all University activities (on and off campus)
- Ability to withdraw a complaint
- Creation of a data working group to answer questions around data collection and confidentiality
- Respect for Complainant’s and Respondent’s rights to procedural fairness
The Sexual Violence Policy is foremost a policy and addresses sexual violence on campus. Commitments
to resources and programs, while absent from this document, will be addressed within the next budget
cycle. The following are a sample of recommendations that were made and that will be examined:
- Increases in resources for those who have experienced sexual violence
- Increase in campus-wide education programs
- Training for first-responders and University staff
Your participation and help have been critical in ensuring a safe, healthy and respectful environment for
all.
Sincerely,
Suzanne Blanchard
Vice-President (Students and Enrolment)
Draft Sexual Violence Policy
Policy Name: Sexual Violence Policy
Originating/Responsible Department(s): Office of the Vice-President (Students and
Enrolment) and Equity Services
Approval Authority: Board of Governors
Date of Original Policy: December X, 2016
Last Updated: N/A
Mandatory Revision Date: December X, 2019
Contact: X
1. Purpose of the Policy
1.1. As a community, Carleton University supports and is committed to maintaining a
positive learning, working and living environment where sexual violence will not be
tolerated and is treated with the seriousness it deserves. Carleton acknowledges that
individuals who are members of equity-seeking groups who experience intersecting
forms of disadvantage (on grounds such as gender, sexual orientation, gender identity,
race, Indigenous identity, ethnicity, disability or class) may be disproportionately
affected by sexual violence and its consequences. The purpose of this Policy is to
articulate Carleton University’s commitment to a safe, supportive and healthy campus
and to confirm its commitment to provide support to those members directly affected
by sexual violence.
1.2. This Policy is also intended to:
a) Set out the University’s statement of values and commitments to address sexual
violence;
b)
Provide information about supports and services available at Carleton University
and in the community;
c)
Ensure follow-up once a report is made to the University;
d)
Provide information about the University’s process for responding to and
addressing incidents and complaints of sexual violence;
e)
Meet the University’s obligations under the Ministry of Training, Colleges and
Universities Act and the Occupational Health and Safety Act with respect to sexual
violence, sexual harassment, and workplace sexual harassment; and,
f)
Reinforce and enhance the Carleton University Statement on Conduct and Human
Rights and related policies and procedures addressing sexual violence, sexual
harassment and workplace sexual harassment.
2. Carleton’s Commitment and Values
2.1. Carleton is committed to:
a) Continually fostering an environment where members of the University community
can live, study and work free of sexual violence;
b)
Recognizing that anyone can be harmed by sexual violence and that it is a
fundamental affront to an individual’s rights, dignity and integrity;
c)
Seeking first to prevent and then to redress sexual violence, by safely intervening
and speaking out when the University sees it occurring;
d)
Adopting a survivor-centered approach to providing services to those who have
experienced sexual violence;
e)
Ensuring that members of the University community who experience sexual
violence are supported, treated with compassion and appropriately
accommodated;
f)
Addressing acts of sexual violence in the University community;
g)
Combating broader societal attitudes regarding gender, sex and sexuality that
normalize sexual violence and undermine equality;
h)
Providing or making available to members of the University community education
and awareness training on this Policy and on the prevention of sexual violence,
with content tailored to the audience and relevant to their role and responsibility
in responding to and addressing sexual violence; and,
i)
Maintaining and reporting annual statistics, without identifying information, on
disclosed and reported incidents of sexual violence on campus, and in accordance
with legislative requirements.
3. Scope of the Policy
3.1. This Policy applies to all members of the University community (as defined below),
whether they are in the University’s learning, living or work environment, on or off
campus, or interacting through social or other electronic media. This Policy does not
replace or supersede existing collective agreement provisions.
4. Definitions
4.1. For purposes of this policy and its interpretation, the following terms are defined:
“Appropriate Manager/Supervisor” means the person in a position of authority over the
Respondent as identified in any applicable collective agreement.
“Complainant” refers to the person who is making a complaint under this Policy.
“Consent” means an active, direct, voluntary, unimpaired, and conscious choice and agreement
to engage in sexual activity. Consent cannot be given by a person whose judgement is impaired
by drugs or alcohol or by other forms of impairment. It is not acceptable for a person who is
said to have engaged in sexual violence to use their own consumption of alcohol or drugs as an
excuse for their mistaken belief that there was consent. For further clarity, consent:
- Can be revoked at any time;
- Cannot be assumed nor implied;
- Cannot be given by silence or the absence of “no”;
- Cannot be given by an individual who is impaired by alcohol or drugs, is
unconscious or asleep;
- Cannot be obtained through coercion or threats;
- Cannot be given if the person who is said to have engaged in sexual
violence has abused a position of trust, power or authority; and,
- Might not be given properly if an individual has a condition that limits his
or her verbal or physical means of interaction – in such instances, it is
extremely important to determine how consent will be established.
“Disclose” means sharing information pertaining to an incident of sexual violence for the sole
purpose of learning about and/or receiving support and services.
“Sexual harassment” means engaging in a course of vexatious comment or conduct (based on
sex, sexual orientation, gender identity or gender expression) that is known or ought to be
known to be unwelcome. The following is a list of examples that is not meant to be exhaustive:
- Sexual solicitation or unwanted sexual attention from a person who
knows or ought reasonably to know that such attention is unwanted;
-
An implied or expressed promise of reward for complying with a sexually
oriented request;
An implied or expressed threat of reprisal or actual reprisal for refusing to
comply with a sexually oriented request;
A sexual relationship that constitutes an abuse of power in a relationship
of authority; or,
A sexually oriented comment or behaviour that may reasonably be
perceived to create a negative psychological and emotional environment
for living, work or study.
“Sexual violence” means any sexual act or act targeting a person’s sexuality, gender identity or
gender expression, whether the act is physical or psychological in nature, that is committed,
threatened or attempted against a person without the person’s consent. It includes sexual
assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. For
further clarity, sexual assault includes rape.
“Survivor” means a person who has experienced sexual violence.
“Rape culture” means a culture in which dominant ideas, social practices, media images and
societal institutions implicitly or explicitly condone sexual assault by normalizing or trivializing
sexual violence and by blaming survivors for their own abuse.
“Report” means to inform about an incident of sexual violence, to learn about the University’s
formal compliant procedures, and/or to file a formal complaint under this Policy.
“Respondent” refers to the person against whom a complaint has been filed under this Policy.
“University community” means all individuals who have a relationship with or to the University,
including but not limited to:
- Students, meaning individuals registered as students at the University,
whether full-time or part-time (including special students), at the, noncredit, undergraduate or graduate level;
- All employees and faculty, including all unionized and non-unionized
academic and support staff as well as those whose salary is paid through
sources other than the University’s operating funds, such as grants,
research grants and external contracts;
- Persons with an academic appointment including but not limited to
adjunct, visiting and emeritus professors, post-doctoral or clinical fellows
and research trainees;
- Contractors, consultants, suppliers or other entities engaged by the
University to provide services or goods when on University property or
while acting in a capacity defined by their relationship to the University;
-
Members of the Board of Governors, of the Senate and any of their
respective committees, as well as members of any advisory committee
formed to help the University achieve its goals; and,
Employees of both unionized and non-unionized employee and student
groups when on University property or while acting in a capacity defined
by their relationship to the University.
“Workplace sexual harassment” means engaging in a course of vexatious comment or conduct
against a worker in a workplace because of sex, sexual orientation, gender identity or gender
expression, where the course of comment or conduct is known or ought reasonably to be
known to be unwelcome, or making a sexual solicitation or advance where the person making
the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to
the worker and the person knows or ought reasonably to know that the solicitation or advance
is unwelcome.
5. Education, Prevention and Awareness
5.1. The University will build the capacity of the Carleton community to address sexual
violence and play a role in ending sexual violence in our community. As such, the
University and our campus partners, will:
a) Engage in public education and prevention activities;
b)
Provide appropriate education and training to the University community about
sexual violence and how to respond to the disclosure of sexual violence;
c)
Contribute to a campus atmosphere in which sexual violence is not tolerated; and,
d)
Monitor and update University policies to ensure that they remain effective and in
line with other existing policies and best practices.
5.2. The University will establish a committee on the prevention of sexual violence with
representation from students, academic staff, employees and senior administrators.
This committee will report to the President. Generally speaking, the purposes of this
committee will be to:
a) Encourage the University community to work together to promote a safe learning,
living and work environment for the members of the University community;
b)
Contribute to a campus atmosphere in which sexual violence is not tolerated;
c)
Make recommendations to the Office of the President on this Policy with regard to
sexual violence prevention and awareness;
d)
Make recommendations to the Office of the President on resources required or
other measures related to addressing sexual violence and support services; and,
e)
Consider and recommend proposals for new training programs brought forward by
Equity Services and monitor the coordination, implementation and success of
training programs related to sexual violence.
5.3. The Board of Governors shall receive and consider annual reports from Equity Services
in respect of sexual violence, including the following:
a)
The number of times supports, services and accommodation relating to sexual
violence are requested and obtained and information about the supports, services
and accommodation;
b)
Initiatives and programs established to promote awareness of the supports and
services available;
c)
The number of incidents and complaints of sexual violence, and information about
the incidents and complaints; and,
d)
The implementation and effectiveness of this Policy.
6. Support Services and Disclosure
6.1. General provisions about reporting and disclosure
a)
Prior or subsequent to contacting or reporting the matter to anyone at the
University, the person is encouraged, and is always free, to consult with or seek the
advice and support from the relevant student association, union or other employee
group about the matter, including confidentiality, support and services, and the
complaint process.
b)
If an incident of sexual violence is disclosed to a member of the University
community, the person to whom it is reported has a duty to refer the person to
this Policy and inform the person that the Sexual Assault Support Centre within
Equity Services (hereafter “Equity Services”) is the office to contact in order to get
information about the availability of supports and services.
6.2. Support and Services
a)
Individuals who disclose that they have experienced sexual violence will be
provided support services and will be treated with dignity and respect at all times
by the University and its representatives. A person affected by sexual violence is
not required to report an incident of or make a complaint about sexual violence
under the formal complaint process of this Policy in order to obtain support and
services, or in order to receive appropriate accommodation for their needs.
b)
The supports and services available at the University to obtain information about
sexual violence and/or support are as follows:
Support and services available from the University:
Sexual Assault Support Centre
613-520-5622
www.carleton.ca/equity
Health and Counselling Services
613-520-6674
www.carleton.ca/health
University Safety
General inquiries: 613-520-3612
Emergencies: 613-520-4444
www.carleton.ca/safety
Support and services available from off-campus providers:
Ottawa Police Service
General Inquiries: 613-236-1222
www.ottawapolice.ca
Ottawa Rape Crisis Centre
24 hour crisis line: 613-562-2333
General inquiries: 613-562-2334
www.orcc.net
Sexual Assault Support Centre of Ottawa
24 hour support line: 613-234-2266
General Inquiries: 613-725-9259
Sexual Assault and Partner Abuse Program at the Civic Campus of the
Ottawa Hospital
613-798-5555 x 13770
6.3. Disclosure in an emergency – University Safety
a)
In an emergency on campus (i.e., imminent threat of sexual violence and of harm
to a person or sexual violence actually occurring) a report can be made in the
following ways:
-
b)
Call 911
University Safety emergency number 613-520-4444
Red telephones and yellow call boxes (located in building lobbies, corridors,
computer labs and parking garages) connect directly with University Safety.
Blue Light Assistance Phones located outside on campus grounds, in parking
garages and in the tunnel system provide a direct link with University Safety.
Public telephones on campus – free to dial 613-520-4444
In person: University Safety Office – 203 Robertson Hall
When a person discloses an incident of sexual violence to University Safety,
University Safety must inform Equity Services for follow-up. See paragraph 6.4 of
this Policy.
6.4. Disclosure in a non-emergency – Equity Services
Equity Services is responsible for handling all disclosures of sexual violence
involving a member of the University community in a non-emergency situation,
whether the sexual violence has occurred on or off campus. An Equity Services
staff member will provide information about available support and services,
including information about interim measures that may be available to address the
immediate needs (see examples in paragraph 6.5 (a) of this Policy). Equity Services
is the point of contact for a person affected by sexual violence to request
academic, employment or other accommodations.
6.5. Follow-up on disclosure
a) When a person reports sexual violence to University Safety and/or Equity Services, an
Equity Services Officer will contact the person to learn more about the circumstances,
the person’s needs and expectations, and the outcome sought. The Equity Services staff
member will make every effort to assist the person and will discuss options to address
or resolve the matter in a timely and supportive way. The appropriateness of these
options will depend on the person’s needs and on the circumstances. The following list
of examples (which is not exhaustive) includes:
-
Providing referrals to contacts for suitable supports, services or
resources available at the University and in the city, including the
Sexual Assault Services Coordinator;
Sharing information on what the person can do or what the Equity
Services Officer or other person may do to intervene in the
situation;
Discussing the availability of interim academic or employment
accommodation or other measures to stabilize a situation, to
protect the person from retaliation or the threat of retaliation, to
address safety or other concerns, and/or to otherwise support the
person. Examples of measures for students include exam or
assignment deferral, class and/or schedule changes, housing
changes, and no contact orders. Examples for employees include
making changes that are not disciplinary but precautionary to avoid
contact between parties or placing the Respondent on a temporary
non-disciplinary leave with pay;
Providing information on methods available to facilitate a
resolution;
Describing the process of filing a formal complaint under Section 9
of this Policy; and,
Information about any other available options to address or resolve
the matter.
b) The Director of Equity Services must, where appropriate, also engage the response team
(“Sexual Violence Review Committee”) to ensure the safety, follow-up and support for
those involved in a report of sexual violence. The Sexual Violence Review Committee is
composed of:
-
Vice-President Students and Enrolment or designate (Chair)
Director of Equity Services
Director of Health and Counselling Services
Director of University Safety
Director of Student Affairs (when the Complainant or Respondent is a
student)
Assistant Vice-President Human Resources or designate (when the
Complainant or Respondent is an employee)
All members of the Review Committee will receive sexual violence and procedural
fairness training. The Sexual Violence Review Committee must ensure that the
following steps take place:
The person who has experienced sexual violence is given
information regarding internal and external personal support and
advocacy services, and internal (non-criminal) and external
(criminal and other legal proceedings) complaint processes;
-
-
Appropriate academic, employment or other accommodation and
interim measures are made available and implemented to stabilize
the situation and/or separate the parties and to address any safety
or security concerns; and,
A threat assessment is conducted as required.
c) The Sexual Violence Review Committee can, on a confidential basis, consult or seek the
assistance of other internal authorities (such as Health and Counselling Services, Human
Resources or the Sexual Assault Services Coordinator) or resources. The Committee can also
consult or seek the assistance of external parties relevant to the particular incident, such as
rape crisis centers and counselling services.
7. Confidentiality
7.1. All reports and disclosures of sexual violence to the University will be treated in a
confidential manner and in accordance with the Freedom of Information and
Protection of Privacy Act and with the provisions of applicable collective agreements.
7.2. All members of the University community who receive a report or disclosure of sexual
violence or who are involved in addressing or investigating it must keep the matter
confidential. This is in order, to protect the rights of those involved in the allegations; to
prevent an unjustified invasion of their personal privacy; to preserve the integrity of the
investigation, and to safeguard individuals against unsubstantiated allegations. See
paragraph 8.5 of this Policy for more details on confidentiality related to the formal
complaint process.
7.3. The University will make every reasonable effort to maintain confidentiality when it
becomes aware of an incident of sexual violence and will limit disclosure of information
about individuals to those within the University who need to know for the purposes of,
or those consistent with, addressing the situation, investigating or taking corrective
action. Under the following circumstances, however, the University might face
additional legal obligations and may not be able to guarantee complete confidentiality
if:
a) An individual is at risk of self‑harm;
b) An individual is at risk of harming others ;
c) Members of the University community or the broader community may be at risk
of harm; and/or,
d) Reporting or investigation is required by law (the following list of examples is
not meant to be exhaustive: an incident involving a minor or obligations related
to occupational health and safety or to human rights legislation).
7.4. If a person requests that the University not act on a report of sexual violence, the
University must weigh that person’s request against the University’s legal obligation to
take action and provide a learning, living and work environment that is safe and free
from sexual violence for all members of the University community.
8. General Provisions Regarding the Formal Report and Complaint Process
8.1. External reporting and recourse
This Policy and the formal complaint process do not prevent and are not intended to
discourage an individual from also reporting sexual violence to the police and pursuing a
complaint of sexual violence through the criminal justice system or from pursuing a
complaint of sexual harassment with the Ontario Human Rights Tribunal pursuant to the
Ontario Human Rights Code.
8.2. Choice not to file a formal complaint or not to investigate
a) A person may choose not to file a formal complaint under Section 9 of this Policy. If a
person decides not to file a formal complaint or requests that the University not
investigate, the full range of supports and services outlined in this Policy remain
available to that person. To the greatest extent possible, the University will respect the
person’s choice not to proceed with a formal complaint or request that the University
not investigate.
b) A Complainant who has filed a formal complaint may withdraw the complaint in
writing at any time. However, the Sexual Violence Review Committee may still initiate
an investigation if it has reason to believe that a member of the University community
or broader community may be at risk of harm, or if the Sexual Violence Review
Committee determines that the University has a legal obligation to investigate. In such
cases, subject to legal requirements, the person has the right not to participate in such
an investigation. The Committee will appoint an Investigator who will investigate the
matter and provide the Committee with a written confidential report containing the
facts and information gathered during the investigation. The Sexual Violence Review
Committee will consult with internal authorities on the investigation report and on the
appropriate means for further addressing the matter.
8.3 Harassment and/or discrimination
Complaints of harassment and/or discrimination that do not involve sexual violence will be
addressed under Carleton’s harassment policy or workplace harassment policy as
appropriate.
8.4 Support person
The Complainant or the Respondent can be accompanied by a support person of their
choice at any time during the formal complaint process outlined in this Policy. The support
person may provide encouragement or other emotional or moral support and may
accompany the Complainant or Respondent to meetings. The support person’s role is not to
act or speak on behalf of the Complainant or Respondent. Representations (both oral and
written) must come directly from the Complainant and Respondent. The support person
must also agree in writing to maintain confidentiality in accordance with this Policy.
a)
The Complainant may wish to access the Sexual Assault Services Coordinator to
assist with navigating the provisions of this Policy.
b)
Where the Respondent is a student, they may wish to contact Ombuds Services to
assist with navigating the provisions of this Policy.
8.5 Confidentiality
In addition to the provisions on confidentiality contained in paragraph 7 of this Policy, when
a formal complaint is filed under this Policy, the following applies:
a) Confidentiality of information disclosed at any time pursuant to this Policy is to be
maintained to the extent possible, consistent with the University’s need to respond
appropriately to the situation and to the safety of members of the University
community. This means that information about the situation may be disclosed as
provided for in this Policy only to those who need to know in order to investigate
and/or address the formal complaint.
b) To ensure procedural fairness while a formal complaint process is underway, the
Complainant, the Respondent and others who may have knowledge of the matter,
including a support person, must maintain confidentiality in accordance with this
Policy and not make public statements pending the outcome of the complaint.
Breaches of confidentiality may jeopardize the proper handling of the matter and
the functioning of the formal complaint process outlined in this Policy. If a breach of
confidentiality occurs, the circumstances of the breach and its impact on properly
addressing the matter and the fairness of the formal complaint process may be
considered in handling the matter and in processing the formal complaint. The
confidentiality obligations do not prevent a person from seeking counselling,
treatment and/or other support services.
c) Information disclosed by a person during a mediation under this Policy is without
prejudice to that person and cannot be used during subsequent steps in handling
the matter or in the formal complaint process under this Policy. Any person
conducting a mediation of a complaint cannot be called to testify in a subsequent
proceeding in relation to information disclosed during mediation, unless ordered or
compelled by a court, tribunal or arbitrator.
d) Documents and information related to a formal complaint, including the written
formal complaint, written responses, witness statements, investigation notes and
reports, and documents related to the formal complaint and its investigation will be
securely maintained by the Office of Student Affairs or by Human Resources as
appropriate (see section 9.1 below) .
8.6 Timelines
The timelines mentioned in this Policy are meant to ensure that the matters are dealt with
in a timely fashion. There may be, in compelling circumstances, reasons to extend a
timeline. In such cases, where the request is in good faith and the extension does not
prejudice or harm those involved in the complaint, extensions may be granted. It can be
difficult to determine appropriate timelines for the resolution, investigation or a final
disposition with respect to a formal complaint. Therefore, where no timelines are
mentioned in this Policy, the intention is always to use a reasonable time period and to act
as expeditiously as possible in light of the nature and complexity of the circumstances of the
complaint and in light of other circumstances that may arise during the process that are
beyond a party’s reasonable control.
8.7 Applicable collective agreements
The formal complaint process provided in this Policy, as it affects any unionized employees
shall be construed and applied consistently with any relevant collective agreement. This
policy does not abrogate any collective agreement protections to employees.
8.8 Interim measures
Interim measures may be implemented during the formal complaint process and pending a
final decision. The Sexual Violence Review Committee can review the implementation of
interim measures to ensure the measures are appropriate in the circumstances. A nonexhaustive list of examples of such interim measures is outlined in paragraph 6.5 (a) of this
Policy.
9. Formal Complaints Process
9.1. Filing and initiating a formal complaint
a)
The Office of Student Affairs is responsible for receiving formal complaints of
sexual violence related to students. Human Resources is responsible for receiving
formal complaints related to all other groups. In the case where the Respondent is
both a student and an employee, Student Affairs and Human Resources will jointly
receive the complaint. Only a person who reports experiencing sexual violence (the
“Complainant”) can choose to file a formal complaint under this Policy.
b)
A formal complaint can be filed with either of the above named offices if the
Respondent is a member of the University community and was a member of the
University community at the time of the incidents alleged in the formal complaint.
c)
If the Respondent’s relationship with the University ends and they are no longer at
or with the University, the formal complaint process in this Policy may be
suspended. If the Respondent returns and once again becomes a member of the
University community, a formal complaint process may resume.
d)
A formal complaint must set out in writing the name of the Respondent, the nature
and the details of the circumstances, including detailed facts, specific dates and
names of potential witnesses. The office receiving the formal complaint will
acknowledge receipt, review it and if necessary, seek clarification from the
Complainant on the information it contains.
9.2. Sexual Violence Review Committee Initial assessment
a)
The office receiving the complaint will provide the complaint to the Sexual Violence
Review Committee. The Review Committee will assess the formal complaint and
determine whether the conduct forming the basis of the complaint appears to fall
within the definition of sexual violence as set out in this Policy.
b)
If the Review Committee considers that the conduct in question appears to fall
within the definition of sexual violence as set out in Section 4 of this Policy, they
will appoint an Investigator pursuant to paragraph 9.4(a) of this Policy and inform
the Complainant in writing.
c)
If the Review Committee considers that the conduct does not fall within the
definition of sexual violence as set out in this Policy, the Review Committee will
convey this assessment in writing to the Complainant and inform the Complainant
of their right to request a review under 9.3 of this Policy, and will provide the
applicable timelines and procedures for requesting this review. In these cases the
Review Committee may also refer the Complainant to another University policy or
office as may be applicable or legally required.
9.3. Review of the initial assessment
A request to review the Review Committee’s assessment of the complaint can be
made only if it has determined that the complaint falls outside the definition of
sexual violence as set out in this Policy. If the Complainant disagrees with the
determination that the complaint is outside the definition of sexual violence as set
out in this Policy, then the Complainant may ask the University Secretary to review
the assessment, if the Complainant submits the request in writing within 10
business days after the date of determination. Upon review, the University
Secretary’s decision is final and will be communicated to the Complainant in
writing.
9.4. Investigation
a) Where the complaint is within the definition of sexual violence as set out in this
Policy, the Review Committee will appoint an Investigator, with competence in
conducting investigations related to allegations of sexual violence, to
investigate the complaint.
b) Where the Respondent is a unionized employee, the employee shall have all
rights to union representation during any investigatory meetings with the
Employer. The Human Resources officer receiving the complaint will inform the
Director of Employee/Labour Relations in Human Resources of the complaint
and Human Resources will inform the appropriate Manager/Supervisor of the
Respondent under the collective agreement.
c) Once an Investigator has been appointed, either Human Resources or the
Office of Student Affairs will send a written notice to the Respondent and the
Complainant informing both of the formal complaint, enclosing a copy of the
complaint and informing them of the name of the Investigator. This notice will
indicate that the Respondent will have an opportunity to provide the
Investigator with a written response to the complaint. Both the Complainant
and the Respondent will be provided with a copy of the formal complaint
process under this Policy.
d) The investigation will be done in a timely fashion. The Investigator will ask the
Respondent to respond in writing to the formal complaint. If the Respondent
does not provide a written response within the time requested, the
investigation will proceed in the absence of a response.
e) The Investigator will then send the Respondent’s response to the Complainant,
who can submit a written reply within the time requested by the Investigator. If
no written reply is provided within the time requested, the Investigator will
proceed in the absence of such reply. The Respondent will receive a copy of the
reply, if any. The Investigator will examine all of the information submitted by
the parties as well as any other information gathered during the investigation
and conduct all interviews in a fair, impartial and professional manner. The
Investigator will remind the individuals of the requirement to protect and keep
confidential the personal information of the persons involved in the
investigation.
f) The Investigator will keep the Review Committee informed on the status of the
investigation at regular intervals or at the request of the Review Committee.
The officers charged with receiving the complaint will keep the Complainant
and the Respondent informed on the status of the complaint and of the
investigation.
9.5. Investigation report
a)
Upon completion of the investigation, the Investigator will send a written
confidential report containing the facts and information gathered during the
investigation to either the Office of Student Affairs or Human Resources, or to both
in the situations described above.
b)
The relevant office named above will then forward the investigation report to the
Review Committee. The relevant office above will send the investigation report to
the Complainant and to the Respondent and remind them of the need to protect
and keep confidential the personal information of those involved in the
investigation and to avoid acts of reprisal.
9.6. Review of report and committee meeting
a)
The Office of Student Affairs or Human Resources will send a copy of the
complaint, the response and any written replies as well as the final investigation
report to the members of the Review Committee who will review the report.
b)
After the report and replies are provided to the Review Committee, the chair of the
Review Committee will convene meetings and send a written notice of the
meetings to the Complainant and the Respondent. The notice will indicate the
time, place and purpose of the meeting as well as include a statement that if the
Complainant or the Respondent does not attend or participate in the meeting, the
review committee may proceed in their absence.
c)
The Review Committee meetings will be conducted in person and in camera.
However, the support person(s) referred to in paragraph 8.4 of this Policy can
attend as an observer only and may not speak on behalf of or represent the
Complainant or the Respondent.
d)
The Complainant and the Respondent will be afforded the opportunity to make
written and oral representations to the Review Committee at the meeting,
including representations on the investigation report and on any potential
consequences or measures. The Complainant and the Respondent are expected to
speak for themselves. Members of the Review Committee may ask questions of the
Complainant and the Respondent and may invite witnesses as they deem
necessary.
e)
The Review Committee will ensure that the Complainant and the Respondent are
given an opportunity to know and respond to information that it intends to rely
upon in making the decisions and recommendations.
9.7. Decision of the Review Committee
a) Upon reviewing and considering the final investigation report and any
representations made by the Complainant and the Respondent or other person
at its meeting with them, the Review Committee will:
Decide whether the investigation was fair and conducted properly.
Decide whether the complaint is founded and the role of the
Respondent.
Recommend consequences or measures it considers appropriate to
remedy or mitigate any academic or employment harm or
disadvantage arising from the complaint, to prevent its
reoccurrence and to ensure the safety all individuals.
b) The decisions of the Review Committee and the reasons in support of it must
be in writing and be delivered to the Complainant and to the Respondent. In
accordance with the Freedom of Information and Protection of Privacy Act, the
Complainant has a right to know the outcome of the investigation but not the
details of any disciplinary actions or consequences taken against the
Respondent unless sharing that information is deemed necessary by the
University for the protection of the Complainant’s health and safety. In the
case of a unionized employee, the decision of the Review Committee will also
be communicated to the appropriate Manager/Supervisor under the collective
agreement. If the Committee decides that the complaint is founded and the
Respondent involved was a unionized employee, the Review Committee will
also provide the appropriate Manager/Supervisor with a copy of the
investigation report.
c) Consequences or measures in response to sexual violence will depend on the
circumstances, on the severity of the conduct, on any mitigating factors and on
applicable collective agreements or other University policies. If a complaint of
sexual violence is substantiated, consideration will be given to preventing its
reoccurrence in the future, to correcting the negative impact of the incident on
the Complainant and to ensuring or enhancing the safety of all individuals. The
following list provides examples of consequences and measures and is not
meant to be exhaustive nor necessarily represent a progression of
consequences or measures:
- A letter of apology:
- Attendance at educational sessions on the impact of sexual
violence;
- Attendance at coaching sessions to improve communication or
conflict resolution skills:
- Restricted or prohibited access to University campuses and/or
services;
- For employees discipline up to and including termination;
- For students suspension or ban from the University; and,
- In circumstances where the Respondent is a unionized
employee, the appropriate Manager/Supervisor under the
applicable collective agreement will decide on consequences or
measures and on the imposition of any disciplinary measures.
Disciplinary processes and measures shall be in accordance with
the collective agreement applicable to the Respondent
employee.
10. Appeal Process
10.1 Appeal
An appeal is not an opportunity for the Complainant or the Respondent to repeat the
information provided to the Review Committee. The right to an appeal is not automatic and an
appeal will only be considered if it meets the following requirements:
a) The appeal is of a final decision of the review committee;
b)
An appeal can only be made by either the Complainant or the Respondent;
c)
The appeal must be made in writing and within 10 business days after the date of
the final decision that is the subject of the appeal;
d)
The appeal must include the reasons for the appeal, the reasons why the appeal
should be granted, the arguments in support of the appeal and the outcome
sought;
e)
The person seeking to appeal must demonstrate that:
There has been a fundamental procedural error in the making of
the final decision and that such error has caused or will cause
actual prejudice to the person seeking the appeal; or,
There are new facts relevant to the final decision that were not
available and could not have been provided to the Review
Committee.
f)
The following is a non-exhaustive list of some examples of situations where an
appeal would not meet the requirements of this paragraph:
The appeal asks for review of a consequence or measure that has
not yet been finally decided or approved;
The appeal repeats arguments made at the meeting of the review
committee or in written submissions and does not provide any new
information relevant to the final decision;
The appeal is based only on a disagreement with a finding of fact,
including findings made about the credibility of witnesses;
-
-
The appeal raises new arguments that were not made, but could
have been made at the review committee meeting or in written
submissions or to the appropriate Manager/Supervisor or
University governing body; and
The appeal amounts to a mere speculation or a bald statement of a
procedural error causing prejudice and does not provide detailed
and convincing information to establish the error and to establish a
link between the error and actual prejudice or a reasonable
expectation of prejudice to the person seeking the appeal.
10.2
The appeal must be made to the University Secretary. Following receipt of the appeal, the
University Secretary will convene the Appeal Board. The Appeal Board consists of the [VicePresident Finance and Administration, the Associate Vice President of Human Resources
and the Provost and Vice President Academic] or their delegates. All members of the Appeal
Panel will receive sexual violence and procedural fairness training.
10.3
The appeal process is conducted in writing. The Complainant or Respondent, as the case
may be, does not need to respond to the appeal unless the Appeal Board sends a letter
requesting him or her to do so.
10.4
The Appeal Board reviews the appeal, determines whether the appeal meets the
requirements of paragraph 10.1(a) of this Policy and makes the decision either dismissing or
granting the appeal. All decisions of the Appeal Board are final.
11 Review of Policy
11.1 Review
a) Equity Services is responsible for the review and implementation of this Policy. This
Policy will be reviewed at least once every three years.
b) Revisions to the Policy will be sent for comment to the student associations, unions and
employee groups, to the committee on the prevention of sexual violence referred to in
Section 8 of this Policy and any other stakeholder, as determined by Equity Services, to
ensure the provision and consideration of input from a diverse selection of students,
faculty and employees.
11.2
Amendments
a) Amendments made to this Policy require the approval of the Board of Governors.
b) Updates to the following information contained in this Policy do not require
additional approval.
-
The supports and services referred to paragraph 6.2 this Policy;
The identity of officials, offices, and departments at the University that
provide information about supports, services and accommodation or that
receive reports or formal complaints.
c) A copy of this Policy as approved and amended is posted on the University’s
website.
11.3 Exceptions
An exception to this Policy will only be considered by the President in rare or in unforeseen
circumstances. No exception may be made to this Policy without the written approval of the
President.
12 Related Policies and Procedures
12.1
Related policies include:
a)
Carleton Sexual Harassment Prevention Policy
b)
Carleton Student’s Rights and Responsibilities Policy
c)
Carleton Workplace Violence Prevention Policy
d)
Residence Contract
e)
Workplace Harassment Prevention Policy
Contacts
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